§ 15.2-2159. Fee for solid waste disposal by counties.
A. Accomack County, Augusta County, Floyd County, Highland County, and WiseCounty may levy a fee for the disposal of solid waste not to exceed theactual cost incurred by the county in procuring, developing, maintaining, andimproving the landfill and for such reserves as may be necessary for cappingand closing such landfill in the future. Such fee as collected shall bedeposited in a special account to be expended only for the purposes for whichit was levied. Except in Floyd County and Wise County, such fee shall not beused to purchase or subsidize the purchase of equipment used for thecollection of solid waste. In Augusta County and Highland County, such fee(i) may only be levied upon persons whose residential solid waste is disposedof at a county landfill or county solid waste collection or disposal facilityand (ii) shall not be levied upon persons whose residential waste is notdisposed of in such landfill or facility if such nondisposal is documented bythe collector or generator of such waste as required by ordinance of suchcounty. Documentation provided by a collector of such waste pursuant toclause (ii) shall not be disclosed by the county to any other person.
B. Any fee imposed by subsection A when combined with any other fee or chargefor disposal of waste shall not exceed the actual cost incurred by the countyin procuring, developing, maintaining, and improving its landfill and forsuch reserves as may be necessary for capping and closing such landfill inthe future.
C. Any county which imposes the fee allowed under subsection A may enter intoa contractual agreement with any water or heat, light, and power company orother corporation coming within the provisions of Chapter 26 (§ 58.1-2600 etseq.) of Title 58.1 except Appalachian Power Company, Shenandoah ValleyElectric Cooperative, BARC Electric Cooperative and Powell Valley ElectricCooperative for the collection of such fee. The agreement may include acommission for such service in the form of a deduction from the fee remitted.The commission shall be provided for by ordinance, which shall set the ratenot to exceed five percent of the amount of fees due and collected.
D. Accomack, Highland and Wise Counties have the following authorityregarding collection of said fee:
1. To prorate said fee depending upon the period a resident or business islocated in said county during the year of fee levy;
2. To levy penalty for late payment of fee as set forth in § 58.1-3916 of theCode of Virginia;
3. To levy interest on unpaid fees as set forth in § 58.1-3916 of the Code ofVirginia;
4. To credit the fee first against the most delinquent use fee account owing;
5. To require payment of the fee prior to approval of an application forrezoning, special exception, variance or other land use permit; and
6. To provide discounts to the standard fee rates for older persons, asdefined in § 2.2-703, and disabled persons based on ability to pay.
(1991, c. 541, § 15.1-362.1; 1993, cc. 733, 763; 1995, c. 633; 1996, cc. 313,621; 1997, cc. 234, 587; 2001, c. 338; 2002, c. 275; 2003, cc. 25, 48; 2006,cc. 102, 743.)
§ 15.2-2159. Fee for solid waste disposal by counties.
A. Accomack County, Augusta County, Floyd County, Highland County, and WiseCounty may levy a fee for the disposal of solid waste not to exceed theactual cost incurred by the county in procuring, developing, maintaining, andimproving the landfill and for such reserves as may be necessary for cappingand closing such landfill in the future. Such fee as collected shall bedeposited in a special account to be expended only for the purposes for whichit was levied. Except in Floyd County and Wise County, such fee shall not beused to purchase or subsidize the purchase of equipment used for thecollection of solid waste. In Augusta County and Highland County, such fee(i) may only be levied upon persons whose residential solid waste is disposedof at a county landfill or county solid waste collection or disposal facilityand (ii) shall not be levied upon persons whose residential waste is notdisposed of in such landfill or facility if such nondisposal is documented bythe collector or generator of such waste as required by ordinance of suchcounty. Documentation provided by a collector of such waste pursuant toclause (ii) shall not be disclosed by the county to any other person.
B. Any fee imposed by subsection A when combined with any other fee or chargefor disposal of waste shall not exceed the actual cost incurred by the countyin procuring, developing, maintaining, and improving its landfill and forsuch reserves as may be necessary for capping and closing such landfill inthe future.
C. Any county which imposes the fee allowed under subsection A may enter intoa contractual agreement with any water or heat, light, and power company orother corporation coming within the provisions of Chapter 26 (§ 58.1-2600 etseq.) of Title 58.1 except Appalachian Power Company, Shenandoah ValleyElectric Cooperative, BARC Electric Cooperative and Powell Valley ElectricCooperative for the collection of such fee. The agreement may include acommission for such service in the form of a deduction from the fee remitted.The commission shall be provided for by ordinance, which shall set the ratenot to exceed five percent of the amount of fees due and collected.
D. Accomack, Highland and Wise Counties have the following authorityregarding collection of said fee:
1. To prorate said fee depending upon the period a resident or business islocated in said county during the year of fee levy;
2. To levy penalty for late payment of fee as set forth in § 58.1-3916 of theCode of Virginia;
3. To levy interest on unpaid fees as set forth in § 58.1-3916 of the Code ofVirginia;
4. To credit the fee first against the most delinquent use fee account owing;
5. To require payment of the fee prior to approval of an application forrezoning, special exception, variance or other land use permit; and
6. To provide discounts to the standard fee rates for older persons, asdefined in § 2.2-703, and disabled persons based on ability to pay.
(1991, c. 541, § 15.1-362.1; 1993, cc. 733, 763; 1995, c. 633; 1996, cc. 313,621; 1997, cc. 234, 587; 2001, c. 338; 2002, c. 275; 2003, cc. 25, 48; 2006,cc. 102, 743.)
§ 15.2-2159. Fee for solid waste disposal by counties.
A. Accomack County, Augusta County, Floyd County, Highland County, and WiseCounty may levy a fee for the disposal of solid waste not to exceed theactual cost incurred by the county in procuring, developing, maintaining, andimproving the landfill and for such reserves as may be necessary for cappingand closing such landfill in the future. Such fee as collected shall bedeposited in a special account to be expended only for the purposes for whichit was levied. Except in Floyd County and Wise County, such fee shall not beused to purchase or subsidize the purchase of equipment used for thecollection of solid waste. In Augusta County and Highland County, such fee(i) may only be levied upon persons whose residential solid waste is disposedof at a county landfill or county solid waste collection or disposal facilityand (ii) shall not be levied upon persons whose residential waste is notdisposed of in such landfill or facility if such nondisposal is documented bythe collector or generator of such waste as required by ordinance of suchcounty. Documentation provided by a collector of such waste pursuant toclause (ii) shall not be disclosed by the county to any other person.
B. Any fee imposed by subsection A when combined with any other fee or chargefor disposal of waste shall not exceed the actual cost incurred by the countyin procuring, developing, maintaining, and improving its landfill and forsuch reserves as may be necessary for capping and closing such landfill inthe future.
C. Any county which imposes the fee allowed under subsection A may enter intoa contractual agreement with any water or heat, light, and power company orother corporation coming within the provisions of Chapter 26 (§ 58.1-2600 etseq.) of Title 58.1 except Appalachian Power Company, Shenandoah ValleyElectric Cooperative, BARC Electric Cooperative and Powell Valley ElectricCooperative for the collection of such fee. The agreement may include acommission for such service in the form of a deduction from the fee remitted.The commission shall be provided for by ordinance, which shall set the ratenot to exceed five percent of the amount of fees due and collected.
D. Accomack, Highland and Wise Counties have the following authorityregarding collection of said fee:
1. To prorate said fee depending upon the period a resident or business islocated in said county during the year of fee levy;
2. To levy penalty for late payment of fee as set forth in § 58.1-3916 of theCode of Virginia;
3. To levy interest on unpaid fees as set forth in § 58.1-3916 of the Code ofVirginia;
4. To credit the fee first against the most delinquent use fee account owing;
5. To require payment of the fee prior to approval of an application forrezoning, special exception, variance or other land use permit; and
6. To provide discounts to the standard fee rates for older persons, asdefined in § 2.2-703, and disabled persons based on ability to pay.
(1991, c. 541, § 15.1-362.1; 1993, cc. 733, 763; 1995, c. 633; 1996, cc. 313,621; 1997, cc. 234, 587; 2001, c. 338; 2002, c. 275; 2003, cc. 25, 48; 2006,cc. 102, 743.)
